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Campbell Law LLC
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Man charged with OVI refuses to submit to chemical test

Even though drivers do not have to legally participate in field sobriety tests, the same cannot be said of a chemical test. Ohio's implied consent laws require that drivers consent to a chemical test at a certified medical facility to determine impairment. Refusal to participate in such a test comes with significant administrative penalties in addition to OVI charges.

A man recently arrested on suspicion of OVI could face both criminal and administrative penalties. When pulled over, he refused to participate in field sobriety tests because he said it could cause him to experience an epileptic seizure. For the same reason, he asked the officer not to shine his flashlight in his face and refused to submit to a chemical test.

Officers arrested the man based on slowed speech, the smell of alcohol and an alleged admission to drinking. To make matters worse, the man's son was in the vehicle at the time. He faces additional charges for child endangerment based on this fact. Moreover, police claim the man's license was already suspended and his registration was fake.

Anyone in this man's position has the right to refuse to submit to both roadside and chemical testing, but doing so could come with serious consequences. Time is of the essence when challenging a driver's license suspension since Ohio law gives an individual 30 days to appeal it. In addition, the sooner that an individual begins looking into the available defense options to the OVI charges, the greater the chances are that he or she could achieve the best possible outcome to the situation.

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